[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR452.07]

[Page 866]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 
 
PART 452_CONSIDERATION OF APPLICATION BY THE SECRETARY--Table of Contents
 
Sec. 452.07  Separation of functions and ex parte communications.

    (a) Separation of functions. (1) The Administrative Law Judge and 
the technical staff shall not be responsible for or subject to the 
supervision or direction of any person who participated in the 
endangered species consultation at issue;
    (2) The Secretary shall not allow an agency employee or agent who 
participated in the endangered species consultation at issue or a 
factually related matter to participate or advise in a determination 
under this part except as a witness or counsel in public proceedings.
    (b) Ex parte communications. The provisions of 5 U.S.C. 557(d) apply 
to the hearing and the preparation of the report.